Performance Appraisals
Page Contents
- Federal
- Summary
- Performance Appraisals as Development Opportunities
- Clarifying Employee and Employer Expectations
- Varying Approaches in Appraising Employee Performance
- Include a Performance Appraisals Section in the Employee Handbook
- Encourage Employee Behaviors that Reflect the Employer's Business Goals and Values
- Emphasize Consistency Among Supervisors
- Consider Whether to Include a Discussion of Enhanced Rewards
- The Process of Performance Appraisals
- Various Appraisal Systems
- Liability Considerations When Using 360 Degree Performance Evaluations
- Consistently Apply Procedures
- Timing of Performance Reviews
- Conducting the Appraisal Meeting
- The Art of Communicating a Performance Review
- Communicating Poor Reviews
- Communicating With High Performers
- Communicating Satisfactory Reviews
- Documenting Performance Reviews
- Rely on Measurable, Observable Facts
- Avoid Inflating Grades or Sanitizing Facts
- Avoid Use of Attitudes, Impressions
- Failure to Document Could Be Used as Evidence of Discrimination
- Setting Goals and Defining Areas of Improvement
- Elicit the Employee's Response
- Structuring Improvement: Performance Improvement Plans and Action Plans
- Performance Appraisals and Discrimination
- Title VII Protections
- Equal Pay Act Protections
- Family and Medical Leave Act Considerations
- Evaluating the Performance of Employees With Disabilities
- Requesting and Providing Reasonable Accommodations
- Accommodating Employees at the Performance Appraisal Meeting
- Accommodating Employees with Performance Problems
- When an Employee Refuses Employer Offers of Reasonable Accommodation
- Accommodations for Employees With ADD or ADHD
- State Nondiscrimination Requirements
- Keep Performance Appraisals Confidential
- Employer Liability Regarding Performance Appraisals
- Future Developments
- Additional Resources
Federal
Author: Christine Zebrowski, Overbrook Law LLC
Summary
- Performance appraisals provide an opportunity for employees and supervisors to discuss individual work objectives and progress toward goals, as well as possible career opportunities at the organization. See Performance Appraisals as Development Opportunities.
- Employers can choose from a number of approaches in conducting performance appraisals. See Varying Approaches in Appraising Employee Performance.
- Performance appraisals can be a first step in outlining a performance improvement plan (PIP) if needed or can be used to reward high performing employees. See Setting Goals and Defining Areas of Improvement; Structuring Improvement: Performance Improvement Plans and Action Plans.
- The most effective performance appraisals simply review a yearlong documented conversation with employees about performance and goals. See Documenting Performance Reviews.
- Employers must review any potential legal issues in advance and plan accordingly. See The Art of Communicating a Performance Review; The Process of Performance Appraisals; Liability Considerations When Using 360 Degree Performance Evaluations; Employer Liability Regarding Performance Appraisals.
- Employers can guard against charges of discrimination in conducting performance appraisals by ensuring the integrity of the process. See Performance Appraisals and Discrimination.
State Requirements
The following states have additional requirements for this topic under applicable state law.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming